BILL NUMBER: AB 988	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 27, 2009

    An act to add Section 236.3 to the Penal Code, relating
to human   An act to amend Section 52.5 of the Civil
Code, and to add Section 13835.11 to the Penal Code, relating to
human  trafficking.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 988, as amended, Brownley. Human trafficking:  U visas.
  civil actions: training of caseworkers.  
   Existing law establishes the offense of human trafficking.
Existing law authorizes a victim of human trafficking to bring a
civil action for specified forms of relief. Existing law requires
that any civil action filed under these provisions be stayed during
the pendency of any criminal action arising out of the same
occurrence.  
   This bill would require, instead, that a civil action filed under
the above provisions, at the request of the prosecuting or
investigating agency, be stayed until any criminal action arising out
of the same occurrence is no longer pending, or until the
prosecuting or investigating agency requests that the stay be lifted,
whichever occurs first.  
   Existing law requires the Director of Finance to designate an
agency or agencies to establish a statewide victim assistance
training program for specified purposes, including certifying
training programs.  
   This bill would require the agency designated by the Director of
Finance to certify the training program for human trafficking
caseworkers to be the same agency designated by the director to
certify the training program for sexual assault counselors. The bill
would require that agency to complete the certification of the
training program for human trafficking caseworkers on or before June
30, 2010.  
   Existing law establishes the offense of human trafficking.
 
   This bill would require the Department of Justice to provide to
victims of human trafficking, in a timely manner and in their
language of origin, proper and detailed information regarding U
visas, including contact information for obtaining U visas. 

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 52.5 of the   Civil
Code   is amended to read: 
   52.5.  (a) A victim of human trafficking, as defined in Section
236.1 of the Penal Code, may bring a civil action for actual damages,
compensatory damages, punitive damages, injunctive relief, any
combination of those, or any other appropriate relief. A prevailing
plaintiff may also be awarded attorney's fees and costs.
   (b) In addition to the remedies specified herein, in any action
under subdivision (a), the plaintiff may be awarded up to three times
his or her actual damages or ten thousand dollars ($10,000),
whichever is greater. In addition, punitive damages may also be
awarded upon proof of the defendant's malice, oppression, fraud, or
duress in committing the act of human trafficking.
   (c) An action brought pursuant to this section shall be commenced
within five years of the date on which the trafficking victim was
freed from the trafficking situation, or if the victim was a minor
when the act of human trafficking against the victim occurred, within
eight years after the date the plaintiff attains the age of
majority.
   (d) If a person entitled to sue is under a disability at the time
the cause of action accrues, so that it is impossible or
impracticable for him or her to bring an action, then the time of the
disability is not part of the time limited for the commencement of
the action. Disability will toll the running of the statute of
limitation for this action.
   (1) Disability includes being a minor, insanity, imprisonment, or
other incapacity or incompetence.
   (2) The statute of limitations shall not run against an
incompetent or minor plaintiff simply because a guardian ad litem has
been appointed. A guardian ad litem's failure to bring a plaintiff's
action within the applicable limitation period will not prejudice
the plaintiff's right to do so after his or her disability ceases.
   (3) A defendant is estopped to assert a defense of the statute of
limitations when the expiration of the statute is due to conduct by
the defendant inducing the plaintiff to delay the filing of the
action, or due to threats made by the defendant causing duress upon
the plaintiff.
   (4) The suspension of the statute of limitations due to
disability, lack of knowledge, or estoppel applies to all other
related claims arising out of the trafficking situation.
   (5) The running of the statute of limitations is postponed during
the pendency of any criminal proceedings against the victim.
   (e) The running of the statute of limitations may be suspended
where a person entitled to sue could not have reasonably discovered
the cause of action due to circumstances resulting from the
trafficking situation, such as psychological trauma, cultural and
linguistic isolation, and the inability to access services.
   (f) A prevailing plaintiff may also be awarded reasonable attorney'
s fees and litigation costs including, but not limited to, expert
witness fees and expenses as part of the costs.
   (g) Any restitution paid by the defendant to the victim shall be
credited against any judgment, award, or settlement obtained pursuant
to this section. Any judgment, award, or settlement obtained
pursuant to an action under this section shall be subject to the
provisions of Section 13963 of the Government Code.
   (h) Any civil action filed under this section shall  , at the
request of the prosecuting or investigating agency,  be stayed
 during the pendency of   until  any
criminal action arising out of the same occurrence in which the
claimant is the victim  is no longer pending, or until the
prosecuting or investigating agency requests that the stay be lifted,
whichever occurs first  . As used in this section, a "criminal
action" includes investigation and prosecution, and is pending until
a final adjudication in the trial court, or dismissal.
   SEC. 2.    Section 13835.11 is added to the 
 Penal Code   , to read:  
   13835.11.  The agency designated by the Director of Finance
pursuant to Section 13820 to certify the training program for human
trafficking caseworkers, as defined in subdivision (b) of Section
1038.2 of the Evidence Code, shall be the same agency designated by
the Director of Finance to certify the training program for sexual
assault counselors, as defined in Section 1035.2 of the Evidence
Code. That agency shall complete the certification of the training
program for human trafficking caseworkers on or before June 30, 2010.
 
  SECTION 1.    Section 236.3 is added to the Penal
Code, to read:
   236.3.  The Department of Justice shall provide to victims of
human trafficking, in a timely manner and in their language of
origin, proper and detailed information regarding U visas, including
contact information for obtaining U visas.